Facing NC deadline, Chemours ends all toxic GenX, Nafion discharges

RALEIGH – Hours before a suspension of its wastewater discharge began, Chemours agreed to capture all process wastewater from a pair of manufacturing areas that have contaminated the Cape Fear River for almost four decades.

Sheila Holman, DEQ’s assistant secretary, announced Chemours’ compliance on Thursday during a meeting of the N.C. House Select Committee on N.C. River Quality.

“We asked that (Chemours) divert all of those wastewater streams and not deliver those to the wastewater treatment systems. … We received a letter last night that they intend to do so and we have staff on site today verifying that they intend to do that,” Holman said.

Holman also said any renewal of the National Pollutant Discharge Elimination Systems (NPDES) permit would omit the manufacturing wastewater discharge.

The N.C. Department of Environmental Quality (DEQ) issued a notice of violation, notified Chemours of the suspension and also told the company it intended to revoke Chemours’ portion of the Fayetteville Works plant’s discharge permit after an Oct. 6 spill was not reported.

In a letter to N.C. Department of Environmental Quality officials, Ellis McGaughy, the Fayetteville Works’ plant manager, wrote, “Based on Chemours’ discussions with (DEQ) and the Office of the Attorney General after receiving the Notice, Chemours understands that capturing these additional streams responds fully to and constitutes compliance with the Notice.”

Holman also told the legislative committee that DEQ has tested wells up to a mile beyond the property boundary during two separate phases of testing. The agency is in the process of planning a third phase right now, and also has plans to collect a trio of samples from Chemours’ emissions stacks during three-hour periods where the plant is in normal operation.

Brian Powell, the communications director at the N.C. Conservation Network, said capturing manufacturing wastewater is encouraging, but doesn’t mark the end of concerns about the plant.

“That doesn’t stop the potential air emissions that are contaiminating water around the Fayetteville Works site, so that would still be a problem,” Powell said, adding, “If they’re capturing all their manufacturing wastewater, that’s good.”

‘Additional questions’

On Monday, an attorney representing Chemours provided the state with additional information about the Oct. 6 spill. Soon after, EPA testing indicated GenX levels at Chemours’ outfall on the river had spiked to 3,700 parts per trillion (ppt) -- well above the state’s established health goal of 140 ppt.

In the Nov. 27 letter, attorney Joel M. Gross said the company maintains the notice of violation was unwarranted, but concedes it should have notified the state about the release of dimer acid fluoride, which can convert to GenX under certain circumstances.

Linda Culpepper, the interim director of DEQ’s Division of Water Resources, said Thursday that DEQ and Chemours are continuing to discuss the spill and the company’s obligations to report it.

“We have additional questions for them. I think maybe there’s a difference of thought on whether or not it’s required to be reported, and that’s what we’re going to continue to evaluate,” Culpepper said.

Holman also fielded questions about whether Chemours’ failure to notify the state within 24 hours of the event constituted a violation of a consent order signed earlier this year in Bladen County Superior Court, in which Chemours agreed not to release any more GenX or Nafion byproducts into the river.

“We believe it’s a violation of the permit, not of the consent order,” Holman said. “We believe it’s a violation of the reporting requirements on the permit for upset events that lead to pollution in the environment.”

DEQ anticipates assessing a civil penalty sometime in December, likely within the next two weeks. The penalty’s maximum amount is $25,000.

‘Short term, noncontroversial’

Rep. Ted Davis, R-New Hanover, the chair of the River Quality Committee, closed the river quality meeting by saying he intends to pursue some short-term legislation in the Jan. 10 special session. The committee will meet before that special session to vote on the legislation.

Asked after the meeting what he expects the short-term approach to entail, Davis said, “I have no details at this point.” Davis also said he has asked the committee’s staff to put together “short-term, noncontroversial legislative solutions.”

Davis also said he envisions a public comment session at the river quality committee’s next meeting, during which citizens could comment on the planned legislation. He did note that he wants to limit those comments to the short-term proposal, with the long-term only being considered in future meetings.

“I don’t want to open it up to any long-term solutions that we might be considering later,” Davis said. “I want to focus on the short term.”

Should that legislation pass, Davis said, the committee would continue working toward longer-term water regulations potentially involving appropriations that would be considered in next year’s short session.

Earlier this year, the General Assembly approved $435,000 in funding split between the Cape Fear Public Utility Authority and the University of North Carolina Wilmington to continue testing filtration systems, monitor the water and conduct testing efforts on river sediment.

At the same time, the Republican-dominated General Assembly refused to hear a proposal advanced by Gov. Roy Cooper, a Democrat, that would have added 16 regulatory positions to DEQ and created a water health safety unit formed in the N.C. Department of Health and Human Services.

Thursday, Holman showed legislators a slide demonstrating that DEQ had 14.5 staff members reviewing NPDES permits as soon as the end of 2012, with the backlog declining to 18 percent on Jan. 1, 2013. The number of staff reviewing the permits fell to 9 in March 2013, and the backlog has risen in most months since, reaching 40.9 percent on Aug. 1.

In response to questions Thursday, Sadie Weiner, a Cooper spokeswoman, wrote, “The Governor’s office still stands by the request from earlier this summer as a way to protect water quality statewide. We have not seen any details on what the House is considering, but there should be no delay when it comes to protecting water safety.”

StarNews correspondent Vaughn Hagerty contributed to this story.

Reporter Adam Wagner can be reached at 910-343-2389 or Adam.Wagner@GateHouseMedia.com.

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